Business and Management
Submitted By gevera
ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS
Were all the elements of a contract in place between Primark Direct and Presec Presetters?
All the elements of a contract have to be in place for a contract to be valid. There are four essential elements to a contract which are: offer, acceptance, consideration and intention as i will explained below.
A person that makes an offer is called the offeror.
The person whom the offer made is made to be called the offeree. (664 hand handbook)
Essential reading Mckendrick chapeter 3 on offer and acceptance states that
An offer is an expression of willingness to contract on certain terms. It must be made
With the intention that it will become binding upon acceptance. There must be no
Further negotiations or discussions required. Offers can be offered to the public and when acted upon the offer is accepted. A good example of an offer is the Essential reading
McKendrick, Chapter 3: ‘Offer and acceptance’ – Section 3.1 ‘Offer and invitation to treat’ to Section 3.7 ‘Acceptance’ page (15 miss notes) hnd book 664
Carlill v Carbolic Smoke Ball co (1893) case summery. In this case the defendants were the manufactures of smokeballs which they claimed could prevent the flu. They published adverts stating anyone that used their smokeballs for a specific period of time and caught the flu would receive a payout of£100. Carbolic company proved they were serious about this offer so they put aside £1,000. A lady called Mrs Carlill purchased the smokeballs and still recieved the flu. So as stated in the offer she claimed the £100 Carbolic Company refused to payout, Carbolic went on to say their advert could not give rise to contract and they were not legally bound to pay any monies. The argument got refused by the court as the court recognised…...